Offense
Possess CS while armed with firearm
Aggravated Felony (AF)
Not AF (not an analogue to a federal CS felony)
Crime Involving Moral Turpitude (CIMT)
Arguably not a CIMT; see Advice
Other Removal Grounds
Yes, deportable and inadmissible CS offense unless one can plead to a non-federal substance. See discussion of the possible advantage of pleading to meth at Advice.
Not a deportable firearms offense.
See Advice.
Advice and Comments
CIMT. Possessing either a CS or a firearm is not a CIMT (see 11377, 29800) so together they should not be.
CS. Review CS defenses at Advice for 11377 before pleading to this offense.
All substances listed in 11370.1 are on federal schedules. But if D cannot avoid pleading to 11370.1, the best option is to plead to a “meth analog” or if needed to an analog of a different substance. See discussion at 11377.
Firearm. Not a deportable firearms offense because it comes within antique firearm exception; see PC 29800(a).
SB54: Law enforcement is permitted to notify/transfer to ICE indefinitely. See SB 54 advisory at www.ilrc.org/crimes-summaries.
Mandatory Detention: People not admitted to U.S. are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.